DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau DEFERRAL BOND-TOBACCO PRODUCTS (Puerto Rico) (Fill in duplicate. See instructions on page 2) PRINCIPAL (See instructions 2, 3, and 4) ADDRESS OF BUSINESS OFFICE (Number, Street, City, State, ZIP Code) SURETY (or Sureties) AMOUNT OF BOND EFFECTIVE DATE KIND OF BOND (Check applicable box) ORIGINAL STRENGTHENING SUPERSEDING KNOW ALL MEN BY THESE PRESENTS. That we, the above WHEREAS, under the provisions of applicable regulations per- named principal and surety, are held and firmly bound unto the taining to the deferred payment of taxes in Puerto Rico with re- United States of America in the above-named amount, lawful spect to tobacco products shipped to the United States ,the prin- money of the United States, for the payment of which we bind cipal must give bond to secure the deferred payment of taxes ourselves, our heirs, executors, administrators, successors, and computed with respect to such tobacco products ; and assigns, jointly and severally, firmly by these presents. WHEREAS, pursuant to such regulations, the principal gives this This bond will not in any case be effective before the above bond to secure the deferred payment of the taxes imposed by 26 named date ,but if accepted by the United States it will be effec- U.S.C. 7652(a)(1) which is equal to the rates of tax set forth in 26 tive according to its terms on and after that date without notice to U.S.C. 5701, on tobacco products of domestic manufacture. the obligors: provided, hat t if no date is inserted in the space provided there for, the date of execution will be the effective NOW THEREFORE, the condition of this bond is such that if the date. principal must pay, or cause to be paid, to the United States, at the time and in the manner prescribed in the aforesaid regula- WHEREAS, the principal intends to remove from the above tions, the full amount of taxes with respect to the tobacco prod- specified factory tobacco products of Puerto Rican manufacture ucts (equal to the tax imposed by 26 U.S.C. 5701, on tobacco for shipment to the United States; and products of domestic manufacture) which have been computed pursuant to said regulations, then this obligation must be null and WHEREAS, under the provisions of 26 U.S.C. 7652(a)(1), there void; but otherwise it must remain in full force and effect. is imposed on all tobacco products of Puerto Rican manufacture coming into the United States and withdrawn for consumption or We, the obligors, for ourselves, our heirs, executors, administra- sale a tax equal to the Internal Revenue tax imposed in the United tors, successors, and assigns, do further covenant and agree States upon like tobacco products of domestic manufacture; and that the total amount of this bond must be available for satisfac- tion of any liability incurred under the terms and conditions of WHEREAS, under the provisions of 26 U.S.C.7652(a)(2), the this bond, and that upon the breach of any of the covenants of tax imposed by 26 U.S.C.7652(a)(1), may be paid before ship- this bond, the United States may pursue its remedies against the ment from Puerto Rico; and principal or surety, independently, or against both jointly, and the said surety hereby waives any right or privilege it may have of WHEREAS, the principal desires the privilege of paying in Puerto requiring, upon notice, or otherwise, that the United States must Rico, on the basis of semimonthly returns, the tax computed on first commence action, intervene in any action of any nature tobacco products of Puerto Rican manufacture removed for ship- whatsoever already commenced, or otherwise exhaust its reme- ment to the United States; and dies against the principal. Witness our hands and seals this_____________________________ day of ____________________________ , 20 ___________ Signed, sealed, and delivered in the presence of- (SEAL) (SEAL) (SEAL) (SEAL) TTB F 5210.12 (05/2007) Page 1 of 2 |
APPROVAL OF DISTRICT DIRECTOR (INVESTIGATIONS) PUERTO RICO OPERATIONS ALCOHOL AND TOBACCO TAX AND TRADE BUREAU On behalf of the United States, I approve the foregoing bond, which has been executed in due form and in compliance with the applicable laws, regulations, and instructions. DISTRICT DIRECTOR (INVESTIGATIONS) PUERTO RICO OPERATIONS DATE 1. This bond must be filed in duplicate with the District Direc- tor (Investigations) Puerto Rico Operations, Alcohol and seal. If the corporation has no seal, that fact should be Tobacco Tax and Trade Bureau, Ste 310, Torre Chardon, stated. Each signature must be made in the presence of 350 Carlos Chardon Ave., San Juan, Puerto Rico two witnesses (except where corporate seals are affixed), 00918. who must sign their names as such. 2. The name, including the full given name, of each party to 7. A bond may be given with corporate surety authorized to the bond must be given in the heading, and each such party act as surety by the Secretary of the Treasury of the United must sign the bond with his signature, or the bond may be States, or by the deposit of collateral security consisting of executed in his name by a duly empowered attorney-in-fact. bonds or notes of the United States. The Act of July 30, 1947 (section 15, title 6, U.S.C.), provides that "the phrase 3. In the case of a partnership, the trade name of the firm, bonds or notes of the United States shall be deemed ***to followed by the names of all the members thereof must, be mean any public debt obligations of the United States and given in the heading. In executing the bond the firm name any bonds, notes, or other obligations which are uncondi- must be typed or written followed by the word "by" and the tionally guaranteed as to both interest and principal by the signatures of all partners, or the signature of any partner duly United States”. authorized to sign the bond in behalf of the firm, or by a duly empowered attorney-in-fact. 8. If any alteration or erasure is made in the bond before its execution, there must be incorporated in the bond a state- 4. If the principal is a corporation, give the corporate name, ment to that effect by the principal and surety or sureties; or the name of the political entity under the laws of which it is if such alteration or erasure was made after the bond was organized (i.e. Commonwealth of Puerto Rico, Delaware, executed, the consent of all parties thereto must be written etc.), and the location of the principal office. The bond must in the bond. be executed in the corporate name, immediately followed by the signature and title of the person duly authorized to act for 9. The penal sum required for each of the premises cov- the corporation. ered by this bond must be computed in accordance with the provisions of the regulations in 27 CFR Part 41, and 5. If the bond is signed by an attorney-in-fact for the princi- must be set forth in the space provided there for. The penal pal, or by one of the members for a partnership or associa- sum of this bond must be equal to the total of such penal tion, or by an officer or other person for a corporation, there sums. must be filed with the bond a duly authenticated copy of the power of attorney, resolution of the board of directors, ex- 10. If the bond is approved, a copy will be returned to the cerpt of the bylaws, or other document, authorizing the per- principal. son signing the bond to execute it on behalf of the principal. 11. All correspondence about the filing of this bond or any 6. The signature for the surety must be attested under cor- subsequent action affecting this bond should be addressed porate seal. The signature for the principal, if a corporation, to the District Director (Investigations) Puerto Rico Opera- must also be so attested if the corporation has a corporate tions, Alcohol and Tobacco Tax and Trade Bureau, San Juan, Puerto Rico. PAPERWORK REDUCTION ACT NOTICE This form is not subject to OMB review and approval because it requires only that information necessary to identify the parties involved and the amount of the bond . TTB F 5210.12 (05/2007) Page 2 of 2 |